A bill outlawing sleeping on city sidewalks was laid to rest by a City Council committee yesterday after it was criticized for being unfair to the homeless.

Councilman Charles Djou said he introduced the bill at the behest of Waikiki businesses and residents. Those constituents had complained about more people sleeping along Kalakaua Boulevard since the city began enforcing an ordinance last year that bans camping at city parks from 10 p.m. to 5 a.m., he said.

But homeless advocates and council members assailed the bill yesterday.

Daniel Gluck, senior attorney for the American Civil Liberties Union, said the bill could run into constitutional challenges.

"This bill is targeted at the homeless," Gluck said. "It is just pushing homeless individuals from place to place without offering a constructive solution."

Adding to his argument is the fact that the city has been "closing parks one after the other and making it so that it is essentially illegal to be homeless," he said.

The bill called for police to issue a warning first, and then a citation with a fine of up to $50. Exempted were sitting or lying down due to a medical emergency or incapacitation, sitting on a bike, bus or park bench, and sitting for a parade or other event.

Djou, in an effort to win supporters, sought to reduce the bill's scope by proposing to amend it to limit the restriction to only Honolulu's urban core.

Six of the eight council members at yesterday's meeting said they agreed with Gluck.

"We must be compassionate to the people who are in need," said Councilman Romy Cachola.

Council members Ann Kobayashi, Rod Tam, Donovan Dela Cruz, Nestor Garcia and Ikaika Anderson said the city and state should work together to find better solutions for homeless people. Several said they would support a resolution urging more cooperation between the state and city on homeless issues.

"I have a real problem with criminalizing homelessness," Anderson said.

Only Council Chairman Todd Apo supported Djou's bill.

"Our sidewalks weren't made for sleeping," he said. There are serious homeless issues that the state and city must address, but "because we have those issues doesn't mean we should allow our sidewalks to be blocked."

Djou said a resolution would have little effect, especially with the economic hardships that both the state and city governments are experiencing.

"It's the responsibility of the members of this council to come up with a solution about how we confront and tackle this problem," Djou said. "Doing nothing is not acceptable."

Djou said he doesn't think his colleagues understand the extent of the homeless problem in Waikiki. "Waikiki is the heart of the tourism industry, and tourism is the heart of our economy," he said.